CHAPTER 14-DEPARTMENT OF THE

INTERIOR

Attachment ÷ 6

Department of the interior

1428.311 Soliciation provision and con-
tract clause on liability insurance
under cost-reimbursement contracts.

1428.311-2 Contract clause.

The clause at FAR 52.228-7, Insur-
ance-Liability to Third Persons, as
prescribed in FAR 28.311-2, shall be
modified for use in accordance with
the instructions in 1452.228-7.

PART 1432-CONTRACT FINANCING

Subpert 1432.3-Lean Guarantees for Defense

Sec.

Production

1432.304 Procedures.

1432.304-2 Certificate of eligibility.

Subpart 1432.4-Advance Payments

1432.402 General.
1432.404 Exclusions.

Subpart 1432.8—Assignment of Claims
1432.805 Procedure.

AUTHORITY. Sec. 205(c), 63 Stat. 390; 40
U.S.C. 486(c), and 5 U.S.C. 301.

SOURCE 49 FR 14265, Apr. 10, 1984, unless
otherwise noted.

Subpart 1432.3—Loan Guarantees for
Defense Production

1432.304 Procedures.

1432.304-2 Certificate of eligibility.

(a) The Assistant Secretary-Policy.
Budget and Administration shall au-
thorize guaranteed loan applications
and transmit them to the Federal Re-
serve Bank as prescribed in FAR
32.304-2(h).

(b) Applications for loan guarantees
(see FAR 32.304-1) and the contract-
ing officer's certificate of eligibility
(see FAR 32.304-2) shall be submitted
by the head of the contracting activity
to the Director. Office of Acquisition
of Property Management for further
action under paragraph (a) of this sec-
tion.

Subpart 1432.4—Advance Payments
1432.402 General.

(a) Except for contracts excluded
under paragraph (b) below and under

1432.402

1432. 404, the Chief, Division of Acqui-
sition and Grants. Office of Acquisi-
tion and Property Management, is au-
thorized to approve findings and de-
terminations and contract terms for
advance payments as prescribed in
FAR Subpart 32.4.

(b) The Assistant Secretary for
Indian Affairs is authorized to approve
findings and determinations and con-
tract terms for advance payments as-
prescribed in FAR Subpart 32.4 for-

(1) Contracts with States or similar
public bodies for foster home care of
Indian children for periods not in
excess of 90 days;

(2) Contracts with state universities
or similar public bodies for surveys of
physical resources and the develop-
ment of studies of social and economic
factors affecting Indian tribes without
specific security for periods not in
excess of 90 days; or

(3) Contracts with Indian tribal con-
tractors which are totally Indian-
owned and controlled nonprofit busi-
nesses and which qualify for contracts
with the Bureau of Indian Affairs.
The amount of the advance payments
authorized shall not exceed $250,000.

(c) The contracting officer shall
review and analyze the contractor's
application for advance payments to
determine if it meets the information
requirements of FAR 32.408. Applica-
tions which do not contain the re-
quired information shall not be proc-
essed until it is obtained from the con-
tractor.

(d) The contracting officer shall
submit a recommendation for approval
or disapproval of the contractor's re-
quest through the head of the bureau
finance office (see FAR 32.402(e)(2))
to the head of the contracting activity
for transmittal to the Chief, Division
of Acquisition and Grants under para-
graph (a) above. Recommendations
which do not contain the information
required by FAR 32.409-1 or FAR
32.409-2 will not be processed by the
Division of Acquisition and Grants.
(e) The Assistant Secretary for
Indian Affairs is required to make a
detailed report to the Assistant Secre-
tary-Policy. Budget and Administra-
tion on all advance payments author-
ized under paragraphs (b)(1) and

regarding the non

Your proposed amendment to the compact
application of the Federal Acquisition Regulations cannot be
approved.

The deviation section at 48 CFR Subpart 1.4 provides an interesting possibility to pursue. We are willing to pursue the deviation under the process identified with a proper justification.

To approve the amendment forwarded by you, it would be necessary for the Secretary to make a determination that the FAR is "not appropriate" or "inconsistent" with the purposes of the Act and that the waiver is in the best interest of the Indians. This will require justification as was indicated in the March 23, 1993, letter to you from the Assistant Secretary. You will need to give us a specific alternative with justification for us to pursue the matter. In the meantime, I recommend that you accept the amendment as drafted by the BIA in order to preserve the funds.

If you want to keep the same contractor to advise you regarding the work during construction under force account, please forward the appropriate request and justification for waiver under FAR. Likewise, if you want advance payments.

SELF-GOVERNANCE TRIBES THAT HAVE ENTERED 1994

ANNUAL FUNDING AGREEMENTS WITH THE DEPARTMENT OF INTERIOR

ALASKA

Tanana Chiefs

Kawerak, Inc.

Southeast Alaska Tribes

ARIZONA

Salt River Pima-Maricopa Indian Community

CALIFORNIA

Hoopa Valley Indian Tribes

MICHIGAN

Grand Traverse Band of Ottawa and Chippewa Indians

MINNESOTA

Mille Lacs Band of Chippewa Indians
Leech Lake Band of the Minnesota Chippewa Tribe

MONTANA

Chippewa Cree of the Rocky Boy Reservation

Confederated Tribes of Salish and Kootenai Tribes of the Flathead Reservation

NEVADA

Duck Valley - Shoshone Paiute Tribe

Ely Shoshone Tribe

Duckwater Shoshone Tribe

OKLAHOMA

Absentee-Shawnee Tribe

Cherokee Nation of Oklahoma
Chickasaw Nation

Muscogee Creek Nation

Sac and Fox Nation